British Citizenship eligibility

[secuser]

Hi team

I have ILR from few years now 2021, and looking to applying for British citizenship, but confused with eligibility criteria if you could suggest please.

• intend to continue living in the UK - how can this be proved
  be of good character - - how can this be proved
  
  You should not have:
  spent more than 450 days outside the UK during the 5 years before your application
  spent more than 90 days outside the UK in the last 12 months - - how to calculate this absence. As if I wait till Feb'25 ( I was away Dec'23 and Jan'24), would the count be from Feb'24 till Feb'25 then the days will be 98 days

thank you

[alterhase58]

Hi team

I have ILR from few years now 2021, and looking to applying for British citizenship, but confused with eligibility criteria if you could suggest please.

• intend to continue living in the UK - how can this be proved You declare this by ticking the box - no documents required. Has to be true of course ...
  be of good character - - how can this be proved You declare this by ticking the boxes - no documents required. Has to be true of course ...
  
  You should not have:
  spent more than 450 days outside the UK during the 5 years before your application
  spent more than 90 days outside the UK in the last 12 months - - how to calculate this absence. As if I wait till Feb'25 ( I was away Dec'23 and Jan'24), would the count be from Feb'24 till Feb'25 then the days will be 98 days

The count is back from the application date, so you could perhaps wait a few more days so you get to 90 for the final 12 months.

thank you

[contorted_svy]

Hi team

I have ILR from few years now 2021, and looking to applying for British citizenship, but confused with eligibility criteria if you could suggest please.

• intend to continue living in the UK - how can this be proved
  be of good character - - how can this be proved
  
  You should not have:
  spent more than 450 days outside the UK during the 5 years before your application
  spent more than 90 days outside the UK in the last 12 months - - how to calculate this absence. As if I wait till Feb'25 ( I was away Dec'23 and Jan'24), would the count be from Feb'24 till Feb'25 then the days will be 98 days

thank you

The future intentions are considered based on your previous history, possessions of estates/properties abroad, having a partner abroad. You don't have to prove your future intentions in any way, but if you have a significant part of your estate abroad or any other very strong ties to another country you may need to elaborate on that. Most people don't have to.

Regarding your absences in the last 12 months leading to the application, that is under the limit that normally gets disregarded (100 days). So if you are below the 450 days in 5 years limit you can go ahead and apply in Feb 2025.

[secuser]

thank you, for your suggestions. Thats helpful.

My last 12 months resulting 94 days. Do I have to wait for exact 90 days? It would mean wait for 6 months. Could you suggest alternative option if possible

Regards

[contorted_svy]

As I said above you do not have to wait. Up to 100 days of absences in the last year are normally disregarded if you respect the other absence requirement.

[Ixeon659]

thank you, for your suggestions. Thats helpful.

My last 12 months resulting 94 days. Do I have to wait for exact 90 days? It would mean wait for 6 months. Could you suggest alternative option if possible

Regards

Don't forget that you don't need to count the day you left the UK and the day you entered the UK. I.e if you had a quick trip to Paris by train, departed on the 1st day and returned on the 3rd day, it means that you have spent just one day abroad.

[secuser]

Thank you, for confirming that last 12 months 94 absent days would work.
Last 5 years (counting from the date of application) absent days are 253 which are less than 270 days (3 years) / 450 days (5 years) scenario.

However, in application explicitly questions on the absence with below criteria listed please could you confirm the answers are apt based on the absence situation I have.

Residence requirements:

• You must have been in the UK on the first day of your 3-year or 5-year qualifying period
  You must not have spent more than 270 days outside the UK during a 3-year qualifying period, or 450 days during a 5-year qualifying period
  You must not have been outside the UK for more than 90 days in the last 12 months
  You must not have been here illegally in the 3-year or 5-year qualifying period

• Do you meet these residence requirements? Yes
  
  Are there any reasons why you cannot meet the requirements to become a British citizen (for example, you have had too many absences from the UK)? No
  
  If you do not meet the statutory requirements to become a British citizen, are there any special circumstances why you think the Home Secretary should still grant your application? No

Could you confirm if below answers are sufficient for the application:

• Proof of Living in UK - Utility bill for 5 years?
  Life in UK result used for ILR can be used for Citizenship as well?
  Have you provided evidence of your English language ability in a previous application? - Yes (Assuming expired IELTS certificate used for ILR same can be referred here)
  Did you meet the knowledge of English requirement as part of an indefinite leave application made on or after 28 October 2013? Yes
  Have you made any previous UK immigration applications in the UK or abroad? how many past applications to mention here?
  Have you had any trips outside of the UK? should this be only for last 5 years from date of application?

Thank you

[contorted_svy]

Thank you, for confirming that last 12 months 94 absent days would work.
Last 5 years (counting from the date of application) absent days are 253 which are less than 270 days (3 years) / 450 days (5 years) scenario.

However, in application explicitly questions on the absence with below criteria listed please could you confirm the answers are apt based on the absence situation I have.

Residence requirements:

• You must have been in the UK on the first day of your 3-year or 5-year qualifying period
  You must not have spent more than 270 days outside the UK during a 3-year qualifying period, or 450 days during a 5-year qualifying period
  You must not have been outside the UK for more than 90 days in the last 12 months
  You must not have been here illegally in the 3-year or 5-year qualifying period

• Do you meet these residence requirements? Yes You need to answer NO as you spent 94 days outside of the UK in the last 12 months.
  
  Are there any reasons why you cannot meet the requirements to become a British citizen (for example, you have had too many absences from the UK)? No You need to answer YES and explain that you were absent 4 days over the 90 days threshold and that you require discretion for that,
  
  If you do not meet the statutory requirements to become a British citizen, are there any special circumstances why you think the Home Secretary should still grant your application? No

Could you confirm if below answers are sufficient for the application:

• Proof of Living in UK - Utility bill for 5 years? No. Passport(s) that cover the qualifying period with stamps, or P60s, or letters from employers, or letters from NHS/DVLA/other govt departments. Most people submit their passport.
  Life in UK result used for ILR can be used for Citizenship as well? Yes
  Have you provided evidence of your English language ability in a previous application? - Yes (Assuming expired IELTS certificate used for ILR same can be referred here) Yes
  Did you meet the knowledge of English requirement as part of an indefinite leave application made on or after 28 October 2013? Yes
  Have you made any previous UK immigration applications in the UK or abroad? how many past applications to mention here? All past applications you made in the period that led you to qualify for ILR including ILR
  Have you had any trips outside of the UK? should this be only for last 5 years from date of application? Yes

Thank you

[secuser]

Really appreciate your help.

If partner/wife is on ILR and in abroad for more than 6 months post ILR, would it something needs to be mentioned or impact on citizenship application for husband?

Thank you.

[contorted_svy]

No, but this would have implications if the partner wants to apply for citizenship later on as they would cross the 90 days absence limit in the last year prior to the application.

[secuser]

Thank you, for confirming.

• My understanding is partner having ILR can stay outside UK maximum continuous 24 months and then have to come back in UK. Then if required can go again. Is this right understanding, please?
  
  Only when applying for citizenship for partner, then we would have to ensure that 90 days in last 12 months and 270 days in last 3 years are met, could you confirm

Thank you

[contorted_svy]

yes.

[secuser]

Could you help with one confusion - Can I use 2 referee 1) IT professional who is director in the organization and 2) 1st referee's wife who is equivalent to director in another IT organization or as family friend?

Thank you

[CR001]

You cannot use two referees who are related to each other through marriage or by blood.

You only need one professional referee. The other referee must be over 25 and British

[secuser]

In scenario where main applicant applying for citizenship, wife on ILR (not applying for citizenship) and son already British citizen, would below question be answered as Yes?

Do you have any dependants not applying with you at this time?


For below, is the reason mentioned in form sufficient or need to submit any additional cover letter:

Please tell us which of the requirements you do not meet and the reason you do not meet them:
Are there any reasons why you cannot meet the requirements to become a British citizen (for example, you have had too many absences from the UK)? Yes
Please provide further details Spent 92 days outside of the UK in the last 12 months to spend time with family

Thank you

[contorted_svy]

You don't need to say you spent time with family. Just say that you don't respect the absence limit but up to 100 days of absence are normally disregarded.

[secuser]

Thank you.

I will use this as reason in textbox and no additional cover letter - I couldn't respect the absence limit but up to 100 days of absence are normally disregarded.

Could you help with other query as well in the previous request:

In scenario where main applicant applying for citizenship, wife on ILR (not applying for citizenship) and son already British citizen, would below question be answered as Yes or No?

Do you have any dependants not applying with you at this time? Yes

[contorted_svy]

Answer is No. Your wife is not your dependent for the concept of citizenship.